In order that land subdivision may be made in accordance with the policy set forth in § 245-2, these regulations, which shall be known as and may be cited as the "City of Glen Cove Land Subdivision Regulations," are hereby adopted.
Land to be subdivided shall be of such character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace; that proper provision
shall be made for drainage, water supply, sewerage and other needed
improvements; that all proposed lots shall be so laid out and of such
size as to be in harmony with the development pattern of the neighboring
properties; that the proposed streets shall compose a convenient system
conforming to the Official Map, and shall be properly related to the
proposals shown on such portions of the City Plan as may be in existence
at any time, and shall be of such width, grade and location as to
accommodate the prospective traffic to afford adequate light and air,
to facilitate fire protection and to provide access of fire-fighting
equipment to buildings; and that proper provision shall be made for
open spaces for parks and playgrounds.
As used in these regulations, unless the context
or subject matter otherwise requires, certain words and terms used
herein shall be defined as follows:
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties. No alley shall be deemed
a street for the purposes of this code.
[Added 5-8-2007]
See "major street."[1]
A comprehensive plan for development of the City, prepared
by the Planning Board pursuant to § 28-a of the General
City Law, which indicates the general locations recommended for various
public works, places and structures and for the general physical development
of the City, and includes any part of such plan separately adopted.
A street which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a major street.
A determination by the Director of the Building Department
(also denoted as "DBD") or the DBD's designee that a submitted application:
[Added 5-8-2007; amended 8-24-2010]
A street or a portion of a street with only one vehicular
traffic outlet (also "cul-de-sac").
The Department of Public Works of the City of Glen Cove,
unless otherwise stated.
The Administrator of the City of Glen Cove Building Department.
[Added 8-24-2010]
SUMPA fenced-in stormwater storage basin which is designed to recharge water and to be able to continually hold water; can be of indeterminate depth.
DRAINAGE RESERVE AREAAll areas of land, whether occurring naturally or man-made, which hold water intermittently after storm occurrences but are not characterized by the presence of surface water during all parts of the year.
POND/DRAINAGE RESERVE COMBINATIONAll areas of land, whether occurring naturally or man-made, which provide a combination of ponds and drainage areas as defined above.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his or her
property.
A person licensed as a professional engineer by the State
of New York.
A drawing, prepared in a manner prescribed by local regulation,
that shows a proposed subdivision, containing such additional detail
as shall be provided by this regulation and all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat
if such preliminary plat has been required and so approved.
A lot that does not meet minimum frontage requirements or
the required lot width measured at the front setback. Access to the
street is by a narrow extension of the lot (“flagpole”)
which does not meet minimum frontage or width requirements and which
connects the main part of the lot to the street. (See diagram below.)
[Added 5-8-2007]
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A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
A street used primarily for heavy traffic, usually to connect
collector streets or to carry traffic from one area or community to
another.
A street intended to serve primarily as an access to abutting
properties.
The map established by the City Council under § 26
of the General City Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law, and any amendments thereto
resulting from the approval of subdivision plats by the Planning Board
and the subsequent filing of such approved plats.
The Planning Board of the City of Glen Cove.
A preliminary drawing or drawings indicating the proposed
manner of layout of the subdivision to be submitted to the Planning
Board for its consideration.
See “alley.”
[Added 5-8-2007]
A rough sketch of the proposed subdivision to enable the
subdivider to save time and expense in reaching general agreement
with the Board as to the general design concept of the proposed subdivision
and the objectives of these regulations.
A public or private thoroughfare, however designated, which
affords legal access to abutting property.
The wearing or exposed surface of the roadway used by vehicular
traffic.
Any street which the City has not accepted for dedication.
In particular, any privately owned accessway that directly abuts any
part of the front line of a lot shall be deemed a private street.
[Added 5-8-2007]
The distance between property lines, measured at right angles
to the center line of the street.
Any person, firm, corporation, partnership or association
who shall lay out for the purpose of sale or development any subdivision
or part thereof as defined herein, either for himself, herself or
others.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for the purpose, whether immediate
or future, of transfer of ownership or building development with or
without streets or highways in conformity with state law, and shall
include resubdivision.
Any subdivision containing three or more lots or any subdivision
requiring any new public or private street, extension of any public
or private street or the extension of municipal facilities.
[Amended 5-8-2007]
A subdivision containing not more than four lots which has
frontage on an existing public street and which does not require any
new municipal street, street extension or extension of municipal facilities.
A person licensed as a land surveyor by the State of New
York.
[1]
Editor’s Note: The former definition of "Building Department
Administrator," which immediately followed this definition, was repealed
8-24-2010. See now the definition of "Director of the Building Department."
A.
Exceptions.
(2)
The following shall not constitute a subdivision: minor exchange of land or transfer or deeding out of a small piece of land to add to another plat or lot without any intention of creating a new buildable lot or creating a site for some specific use. The proposed exchange shall not reduce in area any lot so as to make any yard or court smaller than the minimum required under Chapter 280, Zoning. The proposed exchange of land shall be subject to review by the Director of the Building Department and/or the City Attorney's office to assure conformity with Chapter 280, Zoning, and this chapter.
[Amended 8-24-2010]
B.
Hardship. Where the Planning Board finds that the literal enforcement of one or more provisions of the regulations in Article III, General Requirements and Design Standards, is impracticable, will exact undue hardship because of peculiar conditions pertaining to the land in question, or that compliance is not requisite in the interest of the public health, safety, and general welfare, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of Chapter 280, Zoning, the City Plan, the State Environmental Quality Review Act, the City of Glen Cove Environmental Review Law, or these regulations. Where the Planning Board finds that strict application of the minimum yard, minimum lot width, minimum lot frontage and/or maximum coverage standards as set forth in Chapter 280, Zoning, would result in practical difficulties or unnecessary hardship, the Planning Board may, simultaneously with the approval of any plat, vary such area standards, provided that such variation shall not result in a deviation from the respective standards of greater than 5% if authorized by a simple majority of the voting membership of the Board, or greater than 10% if authorized by a supermajority vote of the full membership of the Board at the time of application.
[Amended 5-8-2007]
C.
Special circumstances. Where the Planning Board finds
that, due to the special circumstances of a particular plat, the provision
of certain required improvements is not requisite in the interest
of the public health, safety and general welfare or is inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the proposed subdivision, it may waive such requirements,
subject to appropriate conditions.
D.
Imposition of conditions. In granting variances and
modifications, the Planning Board shall require such conditions as
will, in its judgment, secure substantially the objectives of the
standards or requirements so varied or modified.
E.
In accordance with the § 280-13A(1) of the Zoning Code, the Planning Board may require, as a condition of subdivision approval, that a site plan be approved for some or all lots in a subdivision. When an applicant for subdivision approval wishes to submit said site plans during the subdivision review process, a joint public hearing may be conducted by the Planning Board.
F.
Waiver of submission requirements. The Planning Board may, upon the written request of the applicant and the recommendation of the Director of the Building Department, grant a waiver of one or more of the submission requirements set forth in Article IV, Documents Required, or of one or more checklist items. Such waiver shall only be granted upon a finding that the requirement is not necessary or appropriate for the subdivision.
[Added 5-8-2007; amended 8-24-2010]
G.
Authority of Planning Board in general. The Planning Board shall have the authority to approve, approve with reasonable conditions, or deny approval of any subdivision plat, in accordance with the regulations established by this Code, including, but not limited to, Chapter 154, Flood Disaster Protection; Chapter 168, Housing Standards; Chapter 180, Landmarks Preservation; Chapter 228, Signs; Chapter 239, Streets and Sidewalks; Chapter 245, Subdivision of Land; Chapter 248, Swimming Pools; Chapter 263, Trees; Chapter 276, Waterfront Revitalization Area; and Chapter 280, Zoning.
[Added 5-8-2007]
